International Relations Commons^™

Germany, Afterwards, Rhoda E. Howard-Hassmann

Human Rights & Human Welfare

A review of:

Race after Hitler: Black Occupation Children in Postwar Germany and America. By Heide Fehrenbach. Princeton: Princeton University Press, 2005.

and

The Holocaust and Catholic Conscience: Cardinal Aloisius Muench and the Guilt Question in Germany. By Suzanne Brown-Fleming. Notre Dame, Indiana: University of Notre Dame Press, 2006.

and

A Woman in Berlin. By Anonymous. New York: Henry Holt, 2000.

and

Johanna Krause, Twice Persecuted: Surviving in Nazi Germany and Communist East Germany. By Carolyn Gammon and Christiane Hemker. Waterloo, Canada: Wilfrid Laurier University Press, 2007.

The Children Of War, Jennifer Plante

Human Rights & Human Welfare

There are more than 300,000 child soldiers in the world today. Complex economic and psychological factors have contributed to this large number; while some of these child soldiers qualify as slaves, many do not. Although there are several United Nations (U.N.) conventions that protect the rights of the child, many states have had difficulty implementing such protections. This has led to the perpetuation of the child slavery problem. Unfortunately for the children involved, their troubles do not end with the fighting. After the conflict, former soldiers must undergo the oftentimes-painful process of rehabilitation and integration back into society.

Contract Enslavement Of Female Migrant Domestic Workers In Saudi Arabia And The United Arab Emirates, Romina Halabi

Human Rights & Human Welfare

Slavery was not abolished in Saudi Arabia until 1962, and in the United Arab Emirates (UAE) until 1963. It is unsurprising, then, that contract slavery of domestic servants continues to thrive in much of the Persian Gulf, where local economies prosper on the immigration of foreign workers. Economic incentives on the part of the sending and receiving nations encourage the migration of female workers from their home countries to Saudi Arabia and to the UAE. These incentives, coupled with restrictive contract systems, bind the female domestic worker to her employer and create an environment conducive to exploitation and involuntary servitude.

Eric A. Heinze On Humanitarianism And Suffering: The Mobilization Of Empathy Edited By Richard Ashby Wilson & Richard D. Brown. New York, Ny: Cambridge University Press, 2009. 328pp., Eric A. Heinze

Human Rights & Human Welfare

A review of:

Humanitarianism and Suffering: The Mobilization of Empathy edited by Richard Ashby Wilson & Richard D. Brown. New York, NY: Cambridge University Press, 2009. 328pp.

Vote-Trading In International Institutions, Ofer Eldar

Faculty Scholarship

There is evidence that countries trade votes among each other in international institutions on a wide range of issues, including the use of force, trade issues and elections of judges. Vote-trading has been criticized as being a form of corruption, undue influence and coercion. Contrary to common wisdom, however, I argue in this paper that the case for introducing policy measures against vote-trading cannot be made out on the basis of available evidence. This paper sets out an analytical framework for analyzing vote-trading in international institutions, focusing on three major contexts in which vote-trading may generate benefits and costs: (1) …

Tugba Basaran On The Rights Of Refugees Under International Law By James C. Hathaway. Cambridge: Cambridge University Press, 2005. 1239pp., Tugba Basaran

Human Rights & Human Welfare

A review of:

The Rights of Refugees Under International Law by James C. Hathaway. Cambridge: Cambridge University Press, 2005. 1239pp.

Aziza Khatoon On Human Rights In Turkey Edited By Zehra F. Kabasakal Arat. Philadelphia: University Of Pennsylvania Press, 2007. 349 Pp., Aziza Khatoon

Human Rights & Human Welfare

A review of:

Human Rights in Turkey edited by Zehra F. Kabasakal Arat. Philadelphia: University of Pennsylvania Press, 2007. 349 pp.

Matthew S. Weinert On Democracy, Minorities, And International Law By Steven Wheatley, Cambridge: Cambridge University Press, 2005. 201 Pp., Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Democracy, Minorities, and International Law by Steven Wheatley, Cambridge: Cambridge University Press, 2005. 201 pp.

Jessica Burley On The Poor Always Pay Back: The Grameen Ii Story By Asif Dowla And Dipal Barua. Bloomfield, Ct: Kumarian Press, Inc. 2006. 320pp., Jessica Burley

Human Rights & Human Welfare

A review of:

The Poor Always Pay Back: The Grameen II Story by Asif Dowla and Dipal Barua. Bloomfield, CT: Kumarian Press, Inc. 2006. 320pp.

Matthew S. Weinert On Constructing Justice And Security After War Edited By Charles T. Call. Washington: United States Institute Of Peace, 2007. 432pp., Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Constructing Justice and Security after War edited by Charles T. Call. Washington: United States Institute of Peace, 2007. 432pp.

Eric Pianowski On Trafficking In Humans: Social, Cultural And Political Dimensions Edited By Sally Cameron And Edward Newman. New York: United Nations University Press, 2008. 284 Pp., Eric Pianowski

Human Rights & Human Welfare

A review of:

Trafficking in Humans: Social, Cultural and Political Dimensions edited by Sally Cameron and Edward Newman. New York: United Nations University Press, 2008. 284 pp.

Kurt Mills On Conflict And Compliance: State Responses To International Human Rights Pressure By Sonia Cardenas. Philadelphia: University Of Pennsylvania Press, 2007. 200pp., Kurt Mills

Human Rights & Human Welfare

A review of:

Conflict and Compliance: State Responses to International Human Rights Pressure by Sonia Cardenas. Philadelphia: University of Pennsylvania Press, 2007. 200pp.

Intelligence And Human Rights: A View From Venus, Peter Gill

Human Rights & Human Welfare

A review of:

Intelligence and Human Rights in the Era of Global Terrorism. By Steve Tsang (ed.). Westport, Connecticut: Praeger Security International, 2007.

and

War by Other Means: An Insider’s Account of the War on Terror. By John Yoo. New York: Atlantic Monthly Press, 2006.

Bonded Labor In India, Devin Finn

Human Rights & Human Welfare

Bonded labor, which is characterized by a long-term relationship between employer and employee, is usually solidified through a loan, and is embedded intricately in India’s socio-economic culture—a culture that is a product of class relations, a colonial history, and persistent poverty among many citizens. Also known as debt bondage, bonded labor is a specific form of forced labor in which compulsion into servitude is derived from debt. Categorized and examined in the scholarly literature as a type of forced labor, bonded labor entails constraints on the conditions and duration of work by an individual. Not all bonded labor is forced, …

Contemporary Slavery And International Law, Jessica Bell

Human Rights & Human Welfare

In this essay, the definition of contemporary slavery is derived from Kevin Bales in his book, Disposable People, which states that contemporary slavery is “The complete control of a person, for economic exploitation, by violence, or the threat of violence.” Contemporary slavery includes the slave labor of men, women, and children, forced prostitution, pornography involving both children and adults, the selling of human organs, serfdom, debt bondage, and the use of humans for armed conflict.

The Economic Foundations Of Contemporary Slavery, Justin Guay

Human Rights & Human Welfare

“Slavery existed before money or law” (Hochschild 2005). Indeed the “peculiar institution” is one of humanity’s oldest. It has, however, evolved and manifested itself quite distinctly in different periods of history. In contrast to historical views of slavery that are associated with Chattel Slavery, numerous forms fall under the umbrella term of contemporary slavery. The United Nations (U.N.) Working Group recognizes such radically new forms as: child labor, children in conflict, trafficking in persons, sexual exploitation, and the sale of children. The International Labor Office (ILO) approaches the topic through the lens of forced labor. The ILO recognizes slavery and …

Forced Child Labor And Cocoa Production In West Africa, Marjie Sackett

Human Rights & Human Welfare

The cocoa industry has profited from the utilization of forced labor in West Africa since the late 1800s. Despite the Portuguese decree in 1876 abolishing slavery, and the release of cocoa plantation slaves, slave labor was quickly reemployed, aided by the exploitation of legal loopholes and government officials willing to turn a blind eye. In 1905, after hearing reports of unfavorable labor conditions, William Cadbury dispatched a member of the Anti-Slavery Society to investigate the cocoa plantations. Upon receiving confirmation of human rights violations, Cadbury boycotted Portuguese cocoa and persuaded two other chocolate firms to do the same. Cadbury’s actions …

Forced Child Labor In El Salvador: Contemporary Economic Servitude, Michelle Doherty

Human Rights & Human Welfare

In 2005, over half of the rural population in El Salvador was living on less than U.S. $2 dollars per day (Programa de las Naciones Unidas para el Desarrollo 2003: 42). The harsh reality of economic subsistence obligates children in El Salvador to contribute to their family’s survival. Employers providing this frail economic lifeline inevitably acquire control over the children. This economic control is a prominent aspect of contemporary slavery and is manifested through violence or exploitation. The enslavement of children in El Salvador not only steals their youth and opportunity to receive an education, but it also places innocent …

Poverty’S Captives, Tim Brauhn

Human Rights & Human Welfare

Today’s manifestations of bondage are a marked departure from those of pre-modern slavery. Now the value of the human “goods” is so low that slavers do not have to worry about damaging them. Two hundred years ago, slaves had to at least be treated with a modicum of safety, if for no other reason than to ensure continued profitability. But in the 20th and 21st centuries, slavers have become less like “hunters” and more like “gatherers,” since their work no longer involves raids and chains, at least in the physical sense. No, today’s raids are the false promises of work …

Under The Iron Thumb: Forced Labor In Myanmar, Anil Raj

Human Rights & Human Welfare

The fight for human rights in Myanmar goes back to its independence in 1948. The Myanmar military (tatmadaw) has engaged in shocking violations of almost every right in the Universal Declaration of Human Rights. The issue of forced labor, however, is of particular concern. Forced labor is employed primarily in development projects, agricultural enterprises, and the military. It is used to impose collective punishment on civilians, to build highly profitable development that strengthens military rule, and to allow the military access and logistical support in the most remote regions of insurgent-occupied territories. Forced labor is a central means …

Ayse Betul Celik On The Age Of Apology: Facing Up To The Past Edited By Mark Gibney, Rhoda E. Howard-Hassmann, Jean-Marc Coicaud, And Niklaus Steiner. Philadelphia: University Of Pennsylvania Press, 2008. 333 Pages., Ayse Betul Celik

Human Rights & Human Welfare

A review of:

The Age of Apology: Facing Up to the Past edited by Mark Gibney, Rhoda E. Howard-Hassmann, Jean-Marc Coicaud, and Niklaus Steiner. Philadelphia: University of Pennsylvania Press, 2008. 333 pages.

Gregory J. Moore On The U.N. Secretary General And Moral Authority: Ethics And Religion In International Leadership. Edited By Kent J. Kille. Washington, D.C.: Georgetown University Press. 2007. 370pp., Gregory J. Moore

Human Rights & Human Welfare

A review of:

The U.N. Secretary General and Moral Authority: Ethics and Religion in International Leadership. Edited by Kent J. Kille. Washington, D.C.: Georgetown University Press. 2007. 370pp.

Privatization, Efficiency, Gender, Development, And Inequality— Transnational Conflicts Over Access To Water And Sanitation, Srini Sitaraman

Human Rights & Human Welfare

A review of:

Earth Democracy: Justice, Sustainability, and Peace by Vandana Shiva. Boston, MA: South End Press, 2005.

and

Gender, Water, and Development edited by Anne Coles and Tina Wallace. New York: Berg, 2005.

and

Dams and Development: Transnational Struggles for Water and Power by Sanjeev Khagram. Ithaca, NY: Cornell University Press, 2004.

Human Rights And Contemporary Slavery, Kevin Bales

Human Rights & Human Welfare

The anti-slavery movement will welcome this important compilation of work on debt bondage slavery. In the academic and policy analysis of contemporary slavery, many of the fundamental areas of enslavement are yet to be explored and brought into systematic presentation. This work by the Graduate School of International Studies at the University of Denver helps to build up our understanding of debt bondage, as well as adding to the emerging discipline of contemporary slavery studies. Debt bondage slavery is one of the oldest forms of slavery that continues into the present day. The date of the establishment of hereditary debt …

Silence Of The Laws? Conceptions Of International Relations And International Law In Hobbes, Kant, And Locke, Michael W. Doyle, Geoffrey S. Carlson

Faculty Scholarship

This Essay explains how the political theorists Hobbes, Kant, and Locke interpret the decision to go to war (us ad bellum) and the manner in which the war is conducted (just in bello). It also considers the implications of the three theories for compliance with international law more generally. It concludes that although all three can lay claim to certain key features of modern international law, it is Locke who provides the most complete support for both the laws of war, in particular, and with international law, in general.

Investment Protection In Extraordinary Times: The Interpretation And Application Of Non-Precluded Measures Provisions In Bilateral Investment Treaties, William W. Burke-White, Andreas Von Staden

All Faculty Scholarship

When threatened by crises such as global terrorism, financial collapse, pandemic diseases, and natural disasters, states may resort to measures that harm the interests of foreign investors protected under the bilateral investment treaty (BIT) regime. Many such BITs, however, contain heretofore under-studied clauses that preclude liability for state actions taken in response to exceptional circumstances. These non-precluded measures (NPM) clauses effectively transfer the risk of and costs associated with state action in exceptional circumstances from the host-states of international investments to the investors. In two recent cases brought against Argentina in response to the Argentine financial crisis, ICSID tribunals have …

Aid For Trade: A Roadmap For Success, Phoenix X.F. Cai

Sturm College of Law: Faculty Scholarship

Aid for trade has tremendous potential. It is an area that merits all the attention it has recently receiving from the leadership of the WTO. Opportunities abound in the shaping of aid for trade to benefit many constituencies, including the WTO, developing nations, donors, and the aid and trade legal communities. The international trading system has much to gain from the effective use of aid for trade as a tool for fulfilling the promise of the Doha Development Agenda, alleviating global poverty, and giving developing nations a well-deserved placed at the table in the global trade regime. However, each group …

Are We Over-Lawyering International Affairs, Philip C. Bobbitt, John D. Hutson, John C. Yoo, Philip D. Zelikow, Edwin D. Williamson

Faculty Scholarship

This panel will discuss the role of lawyers — particularly government lawyers — in addressing questions of legal policy. We will discuss fundamental questions such as: Should lawyers decide legal policy? Or, is that best left to the policymakers? Should lawyers give advice as to legal policy, or should they stick to providing answers as to what the law is? How should lawyers respond to what a policymaker thinks is the legal question, but is really a question of legal policy? If lawyers find the law vague or lacking, should they fill in the gaps, advising as to what the …

The Soft Power And Persuasion Of Translations In The War On Terror: Words And Wisdom In The Transformation Of Legal Systems, Donald J. Kochan

Donald J. Kochan

The power of words is the power of persuasion. The exportation of the foundational legal principles that helped form the American republic can serve as instrumental "soft power" tools in the war on terror. Efforts promoting projects like the Arabic Book Program are important vehicles to cross-cultural and cross-lingual international relations. This Article argues that an arsenal of words can be as, or more, powerful than an arsenal of artillery. The West has much to offer, but the rest of the world needs to be able to read it without getting lost in translation. Providing linguistic access to the documents …